Comcast cable franchise renewal

A cable television franchise agreement
is a legal agreement between the City and Comcast Cable, and is required by
state and federal law. The agreement authorizes Comcast to install
facilities in City streets, and mandates obligations that Comcast must meet.

Background

Why does the City get involved in cable television services? Because cable companies
"rent" space on public property for their transmission lines. In exchange for this use of public property, federal law allows local governments to collect a fee from the company and to regulate limited aspects of cable service. A process outlined in federal law is used to establish cable franchise agreements, and community input about cable service is an important step in this process.

Comcast - the nation's largest cable television provider - is currently the only source of residential cable television service that uses public rights of way in the City of Bellingham.
Comcast currently provides cable
television services throughout the City, serving approximately
23,500 subscribers, under a cable franchise agreement. This agreement allows
Comcast to install cable and facilities throughout the City's rights-of-way
in return for the payment of certain rental fees - known as franchise fees -
and other benefits for Bellingham and its residents. Under the agreement the
City also imposes various obligations on Comcast to protect the rights and
interests of Bellingham residents and cable subscribers.

The process to renew a cable franchise, as established by federal law,
encourages the City to evaluate the technological, financial and
communications needs of Bellingham and its residents. The process also
authorizes the City to negotiate certain cable-related benefits to meet
those needs over the next term of the franchise. Franchise agreements
typically are adopted for terms of 5-15 years.

Cable franchise renewal process

The cable franchise renewal process is significantly controlled by the
federal law. The Cable Communications Policy Act of 1984 (Wikisource) adopted procedures
that cities must follow to respond to a request for renewal by an existing
cable operator such as Comcast. As part of the franchise renewal process,
the City will determine community needs and interests with regard to the
cable system, as well as examine technical and financial issues and
requirements.

Due to the substantial capital investment required to
construct a modern cable system, the Cable Act gives cable companies certain
advantages in renewing their franchises. The law limits the City's ability
to deny renewal of a cable franchise. Even where the City can regulate, the
federal government has established provisions that may limit the City's
authority.

Federal law limits local authority

In many communities, people ask the following questions:

Why not put the franchise out for bid, like other contracts?
While a competitive cable provider may apply for a franchise at any
time, the City must go through the renewal process with each existing
cable operator. The City cannot deny renewal to an existing cable
operator except for specific criteria set forth in the Cable Act.

Why can't we tell the operator which television programs to
carry?
Cable operators have First Amendment protections so the City has very
limited authority to regulate the type of cable channels carried or the
content of cable television programming Comcast makes available in
Bellingham.

Why can't we tell the operator what rates to charge?
The City has the ability to review the rates only for the Basic Service
Tier (and associated equipment and installation charges), with rates for
all other services deregulated by federal law.

Why can't we regulate non-cable services?
The City does not have authority to regulate non-cable services (e.g.,
high-speed Internet access and telephone service) provided by Comcast.
Federal law allows only for regulation of cable television services.